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Public Authority Statutory Equality and Good Relations Duties Annual Public Authority Statutory Equality and Good Relations Duties Annual Progress Report 2015-16 Contact: Section 75 of the NI Act Name: Lynda Gordon 1998 and Equality Scheme Telephone: 028 3741 2643 Email: [email protected] Section 49A of the Disability As above Discrimination Act 1995 and Name: Disability Action Plan Telephone: Email: Documents published relating to our Equality Scheme can be found at: www.southerntrust.hscni.net ‘About the Trust Publications’ Signature: This report has been prepared using a template circulated by the Equality Commission. It presents our progress in fulfilling our statutory equality and good relations duties, and implementing Equality Scheme commitments and Disability Action Plans. This report reflects progress made between April 2015 and March 2016 PART A PART A – Section 75 of the Northern Ireland Act 1998 and Equality Scheme Section 1: Equality and good relations outcomes, impacts and good practice 1 In 2015-16, please provide examples of key policy/service delivery developments made by the public authority in this reporting period to better promote equality of opportunity and good relations; and the outcomes and improvements achieved. Please relate these to the implementation of your statutory equality and good relations duties and Equality Scheme where appropriate. This is the 9th Annual Progress Report prepared by the Southern Heath and Social Care Trust’s Equality Assurance Unit the purpose of which is to demonstrate how the Trust has fulfilled its: S75 Equality and Good Relations Duties under S75 of the NI Act 1998 together with the commitments in its Equality Scheme as well as its Disability Duties as set out in Section 49A of the Disability Discrimination Order (DDO). This year’s report shows substantive progress in implementing the above duties which has brought about improved outcomes for the 9 S75 equality categories. The implementation of the Trust’s Action Based Plan is central to the implementation of the Trust’s Statutory equality and good relations duties. The content of this Plan was informed by an ‘Audit of Inequalities’ including prior engagement and formal consultation with a wide range of service users and organisations. This Action Based Plan includes measures that have the greatest impact on equality of opportunity and good relations and draws on best practice. A copy of the Plan can be seen in Appendix 1- along with a progress update. Examples of Key Policy Development during the year under review include: Smoke Free Policy Following a public survey in November 2014 the Southern Trust made the decision to make all Trust facilities and grounds completely smoke free with effect from 9th March 2016. This development is in line with other HSC Trusts in NI. This policy initiative has been endorsed by the Minster for Health. During the year under review the Trust established a number of working groups to take forward various work stands in preparation for smoke free status by 9th March 2016. These groups included: Smoke Free Steering Group - tasked with overseeing the entire process for becoming Smoke Free – Chaired by the Trust’s Medical Director Policy Development Group – tasked with the development of a new Smoke Free policy for the Trust and using the S75 processes to inform the development of same Communication/Signage Group – tasked with the development of an action and communications plan Cessation Support & Training Group – with a focus placed on smoking cessation services and training. 2 PART A The Trust extended representation to service users, staff and Trade Unions to express an interest in becoming members of the above groups to inform the roll out of this important public health initiative. The Trust’s Medical Director, Richard Wright chaired the steering group and provided strategic leadership, direction and oversight in ensuring the effective and timely implementation of this policy initiative. Of note a site visitation was organised to the Western Health and Social Care Trust, during the current reporting period, to draw upon and learn from the experiences of Western Trust colleagues. This visit took place on 8th September 2015. In keeping with its commitments in its Equality Scheme the Trust undertook a detailed equality screening of this new policy paying due regard to the S75 equality and good relations duties, the disability duties and human rights obligations. The Trust gave a commitment in its equality screening as follows: As the implementation of the policy progresses and particularly in areas such as mental health, learning disability, palliative care, post-traumatic events, the Trust will closely monitor the impact of the policy. Where, as a result of monitoring, opportunities arise which would allow for greater equality of opportunity to be promoted, the Trust will ensure that measures are taken to achieve better outcomes for the relevant equality groups. The Trust will review its equality screening template accordingly. The Trust will also keep pace with research developments in relation to the use of vapour devices i.e. how this can make a positive contribution to health and wellbeing of the population and the overarching aims of the Trust’s Smoke Free Policy. NB: In keeping with the commitment in its Equality Scheme the Trust’s completed screening template will be made available in its Quarterly Screening Outcome Report - which is uploaded to the Trust’s internet in the interest of openness and transparency. See also section 11 of this year’s report for the outcome of survey results on the proposal to go smoke free. Staff pictured above at the official Launch of the Trust’s Smoke Free Policy 3 PART A To pave the way for the successful roll out of the policy a comprehensive communication strategy was drawn up and actively promoted. The rationale for this important policy initiative was also discussed at the Trust’s Race Equality Forum on 16th October 2015. Promotional materials were subsequently translated into a range of ethnic minority languages for sharing and dissemination amongst local BME communities. A representative from the Trust’s Health and Wellbeing Team also attended a Regional Interpreter Stakeholder event (in the Medical Education Centre, Craigavon Area Hospital) on Monday 22nd February 2016. With over 300+ quality assured interpreters on the regional bank (who frequent the Trust’s sites on a daily basis) this presented an ideal opportunity to engage interpreters to play an important role as a conduit/catalyst in getting important messages out amongst black and ethnic minority communities re the intended aims of the Trust’s Smoke Free Policy. Of note a legal challenge was presented to the South Eastern Trust following the go live date. The challenge was raised by an inpatient on a mental health ward a 23-year-old woman currently detained on an acute psychiatric ward. Lawyers for the woman at the centre of the court challenge claimed there was a failure to carry out proper consultation. They also contend that it amounted to a form of discrimination against a patient who was unable to leave. Granted anonymity in the case, the woman was being detained for up to six months at a hospital in the South Eastern Trust area. Her application for judicial review was aimed at security an exemption for those in her position. It was confirmed on 21st April 2016 that a resolution had been reached, with the South Eastern Trust agreeing to review its decision to implement the smoke free policy in its acute mental health inpatient wards and environments. With the process set to take a minimum six-month period, the blanket ban will not apply to those hospital areas during this period. Counsel for the Trust confirmed that the South Eastern Trust will examine the process to ensure all concerns expressed are addressed. Dismissing the judicial review challenge on that basis, Mr Justice Maguire awarded legal costs to the woman who took the case. Southern Trust staff met, as did other HSC Trusts, to review the outcome of this decision; took further advice from the Directorate of Legal Services; reviewed their respective equality screenings to ensure that sufficient evidence could be demonstrated of meaningful engagement with this particular group of patients; and considered any implications the outcome may have for the future roll out of their Smoke Free Policies. Whilst upholding the overarching policy aims the Trust will, where deemed necessary and appropriate, exercise discretion in the practical roll out of the policy in areas where there are cogent and legitimate risks to the health and safety of the patient and staff. To be managed on a risk assessment and case by case basis. The Trust also responded to a number of queries in relation to the practical implementation of Trust’s Smoke Free Policy during the currently reporting period this related to e.g. staff smoking off site and particular issues raised in relation to 4 PART A clients with a learning disability and acquired brain injuries and their ability to comply with the Policy aims. The Trust will continue to support patients, managers and staff in meeting the objectives of this policy and will continue to monitor the practical out workings of the policy in all areas and specifically areas such as mental health and learning disability, trauma, palliative care and will take cognise of the outcome of the review in the South Eastern Trust. Gender Equality Research Joan Ballantine The Trust’s former Chief Executive, Mairead McAlinden, the Director of Human Resources and Organisational Development, Kieran Donaghy and the Trust’s Head of Equality, Lynda Gordon participated in this important piece of research led by Professor Joan Ballantine, from the University of Ulster Jordanstown. The research was aimed at investigating a number of gender equality issues at executive/senior managerial levels which may affect an individual’s career aspirations to reach a senior position within the public sector.
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